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European Asylum Law on the Crossroad

Publication at Faculty of Law |
2016

Abstract

The article deals with response of the European Union Member States, and of the European Union as a whole, to the mass influx of persons in 2015. The paper defines basic concepts followed by the description of possible approaches to the issue by the States.

It analyses steps which are preconditions for a choice of a legal response, and which enable the States to become active creators of their response. It argues that the States must decide whether their response to the situation would be the response of an individual state, or whether they may delegate more powers in the field of migration to the European Union.

The author sees a European approach as appropriate and argues for a temporary protection as a provisional solution even though it is almost late to it.